Nothing in this chapter prevents the owners of adjoining properties from entering into a written agreement that states that no fence is needed between the properties, a fence other than a preferred partition fence may be built and maintained pursuant to division (C)(1) of section 971.02 of the Revised Code, or the rights and obligations of the owners are different from what is established in this chapter. The agreement shall be filed with the applicable county recorder and placed in the partition fence record established under section 971.15 of the Revised Code. In addition, the agreement runs with the properties that are subject to the agreement.

Terms Used In Ohio Code 971.04

  • Applicable county recorder: means the county recorder of a county in which a partition fence is, was, or is not required to be constructed and maintained in good repair. See Ohio Code 971.01
  • Partition fence: includes a fence that has been considered a division line between two such properties even though a subsequent land survey indicates that the fence is not located directly on the division line. See Ohio Code 971.01

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